Page:United States Statutes at Large Volume 91.djvu/505

 PUBLIC LAW 95-87—AUG. 3, 1977

91 STAT. 471

(2) obtained the written concurrence of the Administrator of the Environmental Protection Agency with respect to those aspects of a State program which reUite to air or water quality standards promulgated under the authority of the Federal Water Pollution Control Act, as amended (38 U.S.C. 1151-1175), and 33 USC 1251 the Clean Air Act, as amended (42 U.S.C. 1857 et seq.); note. (3) held at least one public hearing on the State program within Hearing. the State; and (4) found that the State has the legal authority and qualified personnel necessary for the enforcement of the environmental protection standards. The Secretary shall approve or disapprove a State program, in whole or in part, within six full calendar months after the date such State program was submitted to him. (c) If the Secretary disapproves any proposed State program in Notice of whole or in part, he shall notify the State in writing of his decision disapproval. and set forth in detail the reasons therefor. The State shall have sixty days in which to resubmit a revised State program or portion thereof. The Secretary shall approve or disapprove the I'csubmitted State program or portion thereof within sixty days from the date of resubmission. (d) For the purposes of this section and section 504. the inability of a State to take any action the purpose of which is to prepare, subniit or enforce a State program, or any portion thereof, because the action is enjoined by the issuance of an injunction by any court of competent jurisdiction shall not result in a loss of eligibility for financial assistance under titles IV and VII of this Act or in the imposition of a Ante, p. 456. Federal program. Regulation of the surface coal mining and reclama- Post, p. 516. tion operations covered or to be covered by the State program subject to the injunction shall be conducted by the State pursuant to section 502 of this Act, until such time as the injunction terminates or for one year, whichever is shorter, at which time the requirements of sections 503 and 504 shall again be fully applicable. FEDERAL PROGRAMS

SEC. 504. (a) The Secretary shall prepare and, subject to the pro- 30 USC 1254. visions of this section, pronmlgate and implement a Federal program for a State no later than thirty-four months after the date of enactment of this Act if such State— (1) fails to submit a State program covering surface coal mining and reclamation operations by the end of the eighteenmonth period beginning on the date of enactment of this Act; (2) fails to resubmit an acceptable State program within sixty days of disapproval of a proposed State program: Provided, That the Secretary shall not implement a Federal program prior to the expiration of the initial period allowed for submission of a State prograui as provided for in clause (1) of this subsection; or (3) fails to implement, enforce, or maintain its approved State program as provided for in this Act. If State compliance with clause (1) of this subsection requires an act of the State legislature, the Secretary may extend the period of submission of a State program up to an additional six months. Promulgation and implementation of a Federal program vests the Secretary with exclusive jurisdiction for the regulation and control of surface coal mining and reclamation operations taking place on lands within any State not in compliance with this Act. After promulgation and implementation of a Federal program the Secretary shall be the

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